ML062710076
| ML062710076 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 09/27/2006 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 04-832-02-OLA, 50-271-OLA, RAS 12315 | |
| Download: ML062710076 (2) | |
Text
RAS 12315 UNITED STATES OF AMERICA DOCKETED 09/27/06 NUCLEAR REGULATORY COMMISSION SERVED 09/27/06 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of ENTERGY NUCLEAR VERMONT YANKEE L.L.C.,
and ENTERGY NUCLEAR OPERATIONS INC.
(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-OLA ASLBP No. 04-832-02-OLA September 27, 2006 ORDER (Redaction of Transcript of Proprietary Session)
The evidentiary hearing in this proceeding was held on September 13, and 14, 2006. A closed session was held on the afternoon of September 14, during which the Board questioned the Applicants witnesses regarding certain proprietary documents that were submitted as part of the prefiled testimony. Party representatives who signed confidentiality and non-disclosure agreements were permitted to attend this closed session. In addition, pursuant to an unopposed request from the Department of Public Service of the State of Vermont, an attorney for the State who had signed the non-disclosure agreement was permitted to attend the proprietary session. Representatives of the New England Coalition (NEC) declined to sign such agreements and were not permitted to attend.
At the conclusion of the entire evidentiary hearing, NECs pro se representative requested the production of a redacted version of the transcript for the closed session. Tr. at 1611. The Board took this request under consideration at that time. Tr. at 1612.
2 1 Copies of this order were sent this date by Internet e-mail transmission to representatives for (1) licensees Entergy Nuclear Vermont Yankee L.L.C., and Entergy Nuclear Operations, Inc.; (2) intervenor New England Coalition of Brattleboro, Vermont; and (3) the NRC Staff.
The closed session dealt with proprietary information offered in evidence by Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (collectively, Entergy).
NRC policy requires a balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing... actions. 10 C.F.R. § 2.390(b)(2).
The Board directs Entergy to submit a copy of the transcript of the closed session, Tr. at 1579-1607, marked with any redactions that Entergy believes are necessary to protect the information that Entergy claims to be proprietary. Entergy may also submit a brief, not exceeding five pages, explaining why Entergy believes the redactions to the transcript are necessary and appropriate. The proposed redactions and brief shall be submitted on or before October 4, 2006. The brief shall be served on all parties hereto, but the proposed redacted version of the transcript need only be served on the parties that have filed the non-disclosure agreement. Subject to the same conditions, the NRC Staff may also file a proposed redacted version of the transcript and brief on or before October 4, 2006.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD1
/RA/
Alex S. Karlin ADMINISTRATIVE JUDGE Rockville, Maryland September 27, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR VERMONT YANKEE L.L.C. )
Docket No. 50-271-OLA and ENTERGY NUCLEAR OPERATIONS, INC.
)
)
)
)
(Vermont Yankee Nuclear Power Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (REDACTION OF TRANSCRIPT OF PROPRIETARY SESSION) have been served upon the following persons by deposit in the U.S.
mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson, AZ 85718 Sherwin E. Turk, Esq.
Steven C. Hamrick, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Raymond Shadis New England Coalition P.O. Box 98 Edgecomb, ME 04556
2 Docket No. 50-271-OLA LB ORDER (REDACTION OF TRANSCRIPT OF PROPRIETARY SESSION)
John M. Fulton, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Sarah Hofmann, Esq.
Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 Jay E. Silberg, Esq.
Matias F. Travieso-Diaz, Esq.
Scott A. Vance, Esq.
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Jonathan M. Rund, Esq.
Law Clerk Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Terence A. Burke, Esq.
Associate General Counsel Entergy Services, Inc.
1340 Echelon Parkway Jackson, MS 39213
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 27th day of September 2006